In accordance with N.J.S.A. 2C:24-4, a child pornography charge can be filed as a second degree crime. When someone manufacturers, sells, films, or causes a child to perform, they may be charged with second degree child pornography. The following is some important information you probably want to know about this offense.
- Elements of this Offense. To convict someone of this second degree crime, the prosecutor must establish that: (1) a child of 16 or younger; (2) engaged in prohibited sex acts; (3) that the accused knew or reasonably should have known was being filmed; and (4) the defendant either filmed the act, enticed/allowed/caused the child to perform or manufactured, sold or distributed the child pornography.
- Penalties for Second Degree Child Pornography: A defendant convicted of causing child pornography will be sentenced to:between 5 and 10 years in state prison;up to a $150,000 fine; and mandatory registration as a sex offender consistent with the requirements under Megan’s Law.
If you are facing a second degree offense under N.J.S.A. 2C:24-4, you are exposed to some potential consequences that are severe. The best way for you to minimize this exposure, in our view, is to select the right attorney to defend you. In this regard, we encourage you to review our credentials and to give us a call to speak to an experienced child pornography defense attorney.
Possession of Cild Pornography Lawyers in Wayne NJ
Fourth Degree Child Pornography Charges
Pursuant to N.J.S.A. 2C:24-4b(5)(b), a person that possesses or views films, photographs, or computer files depicting a child engaged in prohibited sexual acts can be convicted of a crime in the fourth degree. Although a conviction for this offense is less serious than second degree child pornography, it nonetheless results in a felony record. There is also a stigma connected with this type of charge and no one wants that. Here is some additional information regarding fourth degree possession of child pornography.
- Elements of Offense. The state has the burden of proving beyond a reasonable doubt that:(1) the defendant viewed or possessed; (2) films, videos, photographs, computer files, or the like; (3) depicting a child (age 16 or under); (4) engaged in prohibited sex acts; and (5) defendant knew the content depicted a child engaged in sex acts.
- Penalties for Possessing Child Pornography. If you are convicted of this fourth degree crime, you face potential jail time between 0 and 18 months in jail; up to a $10,000 fine; community service; the possibility of undergoing a psycho-sexual evaluation; and supervisory probation.
In reviewing the elements of this offense, you will note that knowledge that the child is 16 years of age or younger is not an element. Accordingly, it is not a defense to a possession of child pornography charge under N.J.S.A. 2C:24-4 that the defendant thought the child in the films or photograph was over the age of 16.
Child Pornography Lawyers in Clifton New Jersey
If you were arrested, indicted or otherwise charged with either grade of child pornography, an attorney on our defense team is ready to assist you at 862-203-4070. Our office has been representing clients charged with aggravated criminal sexual contact, luring, endangering the welfare of a child, sexual assault and criminal sexual contact in Passaic County for years. If you have been charged with any of the aforesaid crimes in towns like Wayne, Clifton, Woodland Park, North Haledon, Paterson, Hawthorne and Pompton Lakes, we can help.